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Bombay High Court

RASHTRIYA SAKHAR KAMGAR UNION THROUGH ITS PRESIDENT AND OTHERSversusTHE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS

Disposal
DISPOSED OFF

Holding

The court permitted the amendment of the title, ordered notices to the specified respondents, directed the PF Authority to release the pending amounts, and allowed the civil application for intervention.

Summary

The petitioners, Rashtriya Sakha Kamgar Union, sought relief against the Union of India and related respondents concerning the discharge of a liquidator, amendment of the title clause to correctly name Respondent No.6 (Sahkari Sakhar Karkhana), and the disbursement of pending Provident Fund (PF) amounts to workers. The court allowed the amendment of the title within two weeks, ordered issuance of notices to Respondent No.6 and Respondent No.7, and directed the PF authority to release the outstanding Rs.17.54 crore to eligible employees while permitting private service of notice. It also entertained a civil application for intervention in writ petition No. 9325/2022, permitting the applicant to amend its pleadings within three weeks. The court further directed the respondents to cooperate with workers in completing PF formalities and noted the existence of a “Vishwas Scheme” for possible reduction of damages. All orders were made with the view of protecting the labourers’ rights and ensuring procedural compliance.

Issues considered

  • The liquidator should be discharged and notice issued to Respondent No.6.
  • Whether the title clause of the writ petition may be amended to correctly name Respondent No.6.
  • Whether the Provident Fund Authority must disburse the outstanding PF liability to the workers.
  • Whether the civil application for intervention in writ petition No. 9325/2022 should be allowed.

Subjects

  • Provident Fund
  • Liquidator
  • Title amendment
  • Writ petition
  • Civil application
  • Labour rights
  • Notice issuance
  • Intervention

Judgment

                                   (1)                919-WP-15794-2023




            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       BENCH AT AURANGABAD
                 919 WRIT PETITION NO. 15794 OF 2023
    Rashtriya Sakha Kamgar Union Through Its President And Others
                                 VERSUS
           The Union Of India Through Its Secretary And Others
                                  WITH
                  CIVIL APPLICATION NO. 8085 OF 2025
                             IN WP/9325/2022
                                  WITH
                    WRIT PETITION NO. 9325 OF 2022
                                   AND
                   WRIT PETITION NO. 12554 OF 2023
                                    ...
Mr. V. D. Sapkal, Senior Advocate a/w Mr. V. K. Bhosale, i/by Mr. S. R.
Sapkal, Advocate for the Petitioners.
Mr. V. D. Hon, Senior Advocate i/by Mr. A. V. Hon, Advocate for
Respondent/Liquidator.
Mr. R. N. Dhorde, Senior Advocate i/by Mr. V. R. Dhorde, Advocate for
Respondent/Bank.
Mr. N. S. Tekale, AGP for Respondent-State.
Mr. R. R. Karpe Advocate for Respondent No.4.
Ms. Sunita Sonawane, Advocate for Respondent Nos. 6 to 26.
Mr. P. V. Barde, Advocate for Respondent Nos. 27 to 32.

                                CORAM : KISHORE C. SANT &
                                           JITENDRA JAIN, JJ.

                                DATE     : 03rd SEPTEMBER 2026.

PC :-
1.      It is informed that in the meantime, the elected body has taken

over the affairs of the Respondent No.6/Sahkari Sakhar Karkhana. In
                                     (2)                  919-WP-15794-2023




that view learned Senior Advocate Mr. Hon submits that the liquidator

needs to be discharged by issuing notice to the Respondent

No.6/Karkhana.

2.    In view of the statement, the learned Advocate for the petitioner

seeks leave to amend the title clause by correcting the name of

Respondent No.6 showing the said Sahkari Sakhar Karkhana through its

Secretary/Managing Director/Chairman as the case may be.

3.    Amendment be carried out within a period of two weeks from

today.

4.    After amendment is carried out, issue notice to the Respondent

No.6, returnable on 01/10/2026.

5.    In addition to Court notice, the petitioner is at liberty to serve

Respondent No.6 by way of private mode of service and file affidavit to

that effect.

6.    So far as Provident Fund is concerned, out of provident fund

liability, only Rs.8 crore amount is deposited with the provident fund

authority      by   the   Respondent/Bank.   There   is   still   amount      of

Rs.17,54,74,711/- remained to be deposited as on 25/10/2023.
                                  (3)                 919-WP-15794-2023




7.    For the present, since the labours are deprived of the benefit, to

allow them to come out of this situation, we direct the Provident Fund

Authorities to disburse the amount as per the entitlement of each

worker. For that purpose, the workers will raise the demand with the PF

authorities and shall complete the formalities. The Respondent

/Karkhana to co-operate the workers in completing the formalities.


8.    It is informed that in some cases, dues are already settled,

therefore, the remaining employees are at liberty to approach the PF

authorities. It is also placed on record that presently the Regional

Provident Fund Authority Nashik-I, Nashik has introduced the scheme

namely, “Vishwas Scheme” whereby the employer can make an

application for reducing the amount of damages. If such applications are

made, the PF authority to consider the same.

WP/12554/2023

9.    Heard.

10.   Issue notice to Respondent No.7, returnable on 01/10/2026.

CA/8085/2025

11.   Heard the learned Advocate for the applicant.
                                          (4)                 919-WP-15794-2023




12.          The present civil application is filed for intervention in the writ

petition No. 9325/2022.

13.          For the reasons stated in the application and since a case is made

out by the applicant, Application stands allowed. Necessary amendment

be carried out by the petitioner within a period of three weeks from

today.

14.          With these, application stands disposed off.

15.          CA/1747/2024 to be tagged alongwith present writ petitions.



    [JITENDRA JAIN, J.]                           [KISHORE C. SANT, J.]
D.A.ETHAPE


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